Matter of Callender v Callender
Motion No: 2006-10356
Slip Opinion No: 2007 NYSlipOp 63837(U)
Decided on February 26, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51024

M/mv

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2006-10356

In the Matter of Shilah V. Callender, respondent,

v Raymond F. Callender, appellant.

(Docket No. O-15509-06)

DECISION & ORDER ON MOTION

Appeal by Raymond F. Callender from an order of the Family Court, Suffolk County, dated September 25, 2006. By order to show cause dated January 23, 2007, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 5, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated December 5, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court